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New Zealand law explained for everyone

Social Security Act 2018

Assistance - Sole parent support

31: When dependent child may be regarded as applicant’s child

You could also call this:

"When a dependent child can be considered yours when you apply for help."

Illustration for Social Security Act 2018

When you apply for assistance, a dependent child can be considered your child if certain conditions are met. You must be maintaining the child and the child must have been maintained by your spouse or partner at some point. Alternatively, if the child is not eligible for an orphan's benefit or an unsupported child's benefit, the child can still be considered yours if you comply with section 43(2) or section 46(1) and (2) for the child's care and support. The child can also be considered yours if the parents are unable to support the child due to exceptional circumstances that MSD considers valid. You will be considered the child's mother or father for the purposes of your application if these conditions are met.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783169.

Topics:
Family and relationships > Children and parentingMoney and consumer rights > Savings and retirement
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"The sole parent requirement is for single parents caring for young children"

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32: Sole parent support: situation of split care, or

"Getting help when you're a single parent sharing care of your kids"

Part 2Assistance
Sole parent support

31When dependent child may be regarded as applicant’s child

  1. For the purposes of this subpart, MSD may regard a dependent child as being a child of an applicant (A), and A as being the mother or father of the child, if—

  2. the child is being maintained by A and was at any time maintained by A’s spouse or partner; or
    1. neither an orphan’s benefit nor an unsupported child’s benefit is payable in respect of the child, but—
      1. section 43(2) is complied with for each of the child’s parents (as that term is defined in section 43(3)); or
        1. section 46(1) and (2) is complied with for each of the child’s parents (as that term is defined in section 46(3)) for care for the child and full provision for the child’s support; or
        2. the child’s parents are unwilling to support the child because of circumstances MSD considers exceptional.

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